CASE COMMENTS: STATE AIDS – CONFORM INTERPRETATION – PRINCIPLE OF EFFECTIVENESS

Res judicata: The Court of Justice of the European Union confirms, for the second time since the creation of the principle of primacy of EU law, that as far as rules on State aid are concerned, the res judicata principle should be set aside for the primacy of EU law when the exclusive competences of the Commission are at stake (Klausner Holz Niedersachsen / Land Nordrhein-Westfalen)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. With this judgment of principle, the Court (albeit in a chamber composition only) specifically ruled for the second time since 1958 (after the Lucchinijudgment, case C-119/05, EU:C:2007:434, EU:C:2007:434) on the primacy of European State aid law by granting exclusive powers to the European Commission.) on the primacy of European State aid law, due to the granting of exclusive competences to the European Commission, over the principle of res judicata (res judicata). Factual and legal context The facts of the case were, however, at first sight far removed from the subject of State aid. The dispute which gave rise to the reference for a preliminary ruling

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Res judicata: The Court of Justice of the European Union confirms, for the second time since the creation of the principle of primacy of EU law, that as far as rules on State aid are concerned, the res judicata principle should be set aside for the primacy of EU law when the exclusive competences of the Commission are at stake (Klausner Holz Niedersachsen / Land Nordrhein-Westfalen), 11 November 2015, Concurrences N° 1-2016, Art. N° 77911, pp. 160-164

Visites 847

All reviews